Virginia Athletics Organization Plan No Change Trans Athlete Policy

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Virginia Schools to Continue Allowing Transgender Athletes to Compete

This week, the Virginia high school sports governing body stated that it has no plans to modify its rules regarding transgender athlete participation, despite new guidance from Republican Governor Glenn Youngkin.

The governor’s policies dictate that students’ participation in sports be based on biological sex rather than gender or sexual identity, with only necessary modifications allowed by law.

But the Virginia High School League’s executive director, John “Billy” Hawn, told school leaders Monday that he recommended the league’s existing policies, which allow transgender athletes to participate on teams that match their gender identity under certain conditions, should not be changed.

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In an advisory to school leaders, Hahn suggested that the VHSL maintain its current fall sports season policy. Hahn acknowledged that each school division may have policies that the league will respect.

Hahn also noted that the league’s policy on transgender students has remained largely unchanged since 2014, despite model policies proposed by the previous Democratic governor in 2021. The league will continue to review this matter as the new school year begins.

The policy permits the inclusion of transgender athletes who have undergone sex reassignment before puberty or meet specific requirements, such as receiving hormone therapy for a verifiable period to counteract gender-related advantages.

As per VHSL representative Mike McCall’s information, several students have participated in this policy. From 2014 to the 2022-23 school year, 38 transgender athletes submitted appeals to participate, of which 34 received approval.

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Breanna Diaz, policy and legislative advisor for the ACLU of Virginia, said the difference between the league’s stance, first reported by The Washington Post, and the Youngkin administration’s policies could need clarification for parents and school staff.

Diaz said the 2020 law initially directed the Department of Education to create model policies that explicitly excluded the issue of athletics from the disciplines that should be included in the guidelines.

“This is uncharted territory,” said Diaz, whose organization has fiercely criticized the new policies.

By law, school boards are asked to adopt policies consistent with the Administration.

Across the state, school boards and superintendents were beginning to act and react to the new policies, including more than just athletics, finalized last week. The Administration’s guidelines also address issues such as using bathrooms and other gender-segregated facilities and increase parental notification requirements regarding certain discussions involving gender identity.

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The process of analyzing the policies will take some time, said Scott Brabrand, executive director of the Virginia Association of School Superintendents, especially since some school boards are on summer break.

But, as expected, school leaders in some blue-leaning parts of the state have already made clear they don’t plan to follow the Youngkin administration’s guidance.

A similar dynamic had occurred in previous years when districts in red-leaning areas refused to adopt the model policies of the Northam administration.

“I don’t think there will be the same response from every school district,” said Brabrand, whose organization has not taken a formal stance on the matter.

The 2020 law is silent on the issue of enforcement.

The Virginia Department of Education has developed model policies for school boards. The Administration does not consider VHSL’s guidance inconsistent with policies, but VHSL has no role under the 2020 legislation.